Guwahati: The Gauhati High Court on Wednesday directed the administration in Assam’s Goalpara district to provide drinking water, sanitation facilities and basic medical services to hundreds of families living in temporary camps after being evicted from their homes in June.
A bench led by Justice Devashis Baruah also ordered authorities to ensure that the displaced families are able to access benefits under the National Food Security Act, 2013, which provides subsidised food grains to eligible households.
The order came in response to a joint petition filed by 60 residents, who alleged that the eviction drive carried out between June 16 and June 18 in the Hashila Beel area was unlawful. The petitioners argued that the land was declared a wetland despite many families having lived there before the notification, and contended that the evictions violated principles laid down by the Supreme Court in several judgments.
Beginning June 16, authorities demolished the homes of 690 families in Hashila Beel near Goalpara town. According to the petition, more than 500 affected families subsequently took shelter on a small plot of land, where they were left without potable water, sanitation, food supplies or medical care. The petitioners claimed that the lack of basic amenities had led to deaths.
Appearing for the petitioners, counsel Z Khalid argued that in a welfare state, the government has an obligation to ensure access to essential services such as drinking water, food, sanitation and healthcare. He submitted that the Supreme Court has consistently held that access to potable water, basic medical care and sanitation forms part of the fundamental right to life.
The petitioners further stated that although many of them possess ration cards, they have been unable to access subsidised food grains because local fair price shops were allegedly not supplied adequately.
Representing the district administration, advocate D Nath denied any shortage of food grains at fair price shops and maintained that ration card holders could avail themselves of their entitlements. He also informed the court that the camps where the families are currently staying are not situated on government land and sought instructions on how sanitation facilities could be installed on privately owned property.
The court directed the administration to explore feasible solutions for setting up temporary sanitation arrangements at the site. It also ordered authorities to ensure adequate supply of food grains at fair price shops and to facilitate the establishment of a primary healthcare centre in the area where the families are residing.
The High Court asked the concerned government departments to file affidavits by March 9 detailing their position and compliance. It noted that additional reliefs sought by the petitioners, including a judicial inquiry into the eviction drive, would be considered after reviewing the affidavits.